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Smell of Marijuana Does Not Allow Police to Search your Car

As a result of a 2008 ballot initiative, it is no longer a crime to possess less than one ounce of marijuana in Massachusetts.  The change in the law also changed the rules related to a police officer’s right to search your motor vehicle.  The Massachusetts Supreme Judicial Court ruled today in Commonwealth v....
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Too Drunk to Confess?

The Massachusetts Appeals Court recently considered whether a defendant’s confession to the police should be suppressed because of his level of drunkenness.  In Commonwealth v. Bigley, the police responded to a motor vehicle accident.  When they arrived, the police saw a motorcycle lying in the middle of the road and on fire. (more…)
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Police Need a Warrant to Search Your Cell Phone

Posted on July 3, 2014 in
In an extremely important decision issued last week, the United States Supreme Court unanimously ruled that the police must obtain a search warrant before looking at the data contained in the cell phone of someone who has been arrested.  The name of the case is Riley v. California.  It overruled a Massachusetts Supreme Judicial Court...
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Statute Allowing for Lifetime Community Parole Declared Unconstitutional

Posted on June 25, 2014 in
On June 11, 2014, the Supreme Judicial Court ruled that the law allowing for community parole supervision for life (CPSL) is unconstitutional. (more…)
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Lying to Police is Not Necessarily Illegal

The Massachusetts witness intimidation statute (chapter 268, section 13B) prohibits any person from misleading a police officer with the intent to impede a criminal investigation. (more…)
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